Common Injuries While Working

Accidents on docks, piers, and shipyards come in all shapes and sizes. One of the most common types of dock and pier accidents involve moving vehicles. This often occurs when cargo has not been properly secured or loaded. Other common accidents on docks, piers and shipyards involve:

• Gangway accidents
• Container accidents
• Crane accidents
• Slips and falls
• Mooring line accidents
• Collisions between vessels and piers
• Structural failure of docks and piers
• Explosions and fires
• Electrocutions
• Hazardous materials accidents

Many of these maritime accidents are the result of the facility operator’s or employer’s negligence. If safety procedures are not followed, or workers are not properly trained, and an accident occurs, the facility operator or employer may be liable. For example, electrical wiring must be installed and secured to ensure that workers are not electrocuted while working near water. If this safety standard is not met and an employee is electrocuted, the employee has grounds for a claim.

Other instances of facility operator or employer negligence are not so cut-and-dry. Employers who pressure workers to work beyond their hourly limits, for example, may also be at-fault for accidents that occur. Similarly, operators who do not keep their docks and piers in good repair, and allow them to deteriorate, are failing to uphold their obligation to provide a safe working environment.

When a pier, dock or shipyard accident does occur, it can inflict virtually any type of injury. Some injuries and their compensation under the Longshore and Harbor Workers Compensation Act (LHWCA) include:

• Head, neck, back and hernia injuries are compensable under LHWCA, if there is a loss of future earning capacity. Workers with these injuries are entitled to 2/3 of their weekly loss of wage earning capacity for life.
• Arm and leg injuries are based on the percentage of permanent impairment at a fixed dollar amount.
• Hearing loss claims may be filed against an employer at any time, even if part of the hearing loss was due to a prior injury or while working for another employer.
• Aggravation of a pre-existing condition by any shipyard work is compensable.
• Cumulative trauma to a part of the body – including the back, neck, knee, wrist or shoulder – that is created by overuse due to a repeated activity, like lifting, can be compensated. These conditions do not need a specific date of injury.

Longshore and Harbor Workers’ Compensation Act

Injuries or fatalities on piers, docks and shipyards are generally covered under LHWCA. This act is designed to provide assistance to maritime employees injured while performing work on navigable waters, or areas adjoining navigable waters (like docks, piers, and shipyards). Employees can file a claim if they have sustained an injury due to an occupational accident, or contracted an illness as a result of employment.

A successful claim allows a victim to recover damages for medical benefits, rehabilitation, or lost wages connected to the injury or illness. If a maritime employee is involved in a fatal accident, surviving family members may recover damages under the act.

Among other benefits, LHWCA requires the employer to pay two-thirds of an injured longshoreman’s wages during time off work for recovery. This benefit is due to the employee whether or not management was at fault for the accident. The act also permits an injured worker (or a deceased worker’s family) to collect compensation for an employer or facility’s management recklessness or negligence.

Additionally, onshore workers may be covered under other legal protections, such as the Jones Act and state workers’ compensation. A maritime law attorney can determine which laws apply, and what the best legal remedies are for an injured worker’s unique situation.